A-33139, AUGUST 28, 1930, 10 COMP. GEN. 101

A-33139: Aug 28, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES EMPLOYEES WHO WERE DRAFTSMEN IN THE NAVAL ESTABLISHMENT ON JUNE 30. HAVE SINCE BEEN TRANSFERRED TO THE DEPARTMENTAL SERVICE ARE NOT ENTITLED TO ANY BENEFITS UNDER THE BROOKHART SALARY ACT. 1930: I HAVE YOUR LETTER OF AUGUST 21. WERE TRANSFERRED FROM THE WASHINGTON NAVY YARD AS DRAFTSMEN TO SIMILAR POSITIONS IN THE OFFICE OF THE SUPERVISING ARCHITECT. SOME OF THESE EMPLOYEES ARE STILL DESIGNATED AS DRAFTSMEN WHILE OTHERS HAVE BEEN PROMOTED TO POSITIONS OF ASSISTANT MECHANICAL ENGINEER AND ASSISTANT ELECTRICAL ENGINEER. AT SALARIES HIGHER THAN THEY WERE RECEIVING IN THE WASHINGTON NAVY YARD. ALL DRAFTSMEN UNDER THE NAVAL ESTABLISHMENT WERE SPECIFICALLY EXCLUDED FROM THE PURVIEW OF THE SO-CALLED WELCH ACT.

A-33139, AUGUST 28, 1930, 10 COMP. GEN. 101

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES EMPLOYEES WHO WERE DRAFTSMEN IN THE NAVAL ESTABLISHMENT ON JUNE 30, 1928, AND HAVE SINCE BEEN TRANSFERRED TO THE DEPARTMENTAL SERVICE ARE NOT ENTITLED TO ANY BENEFITS UNDER THE BROOKHART SALARY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 28, 1930:

I HAVE YOUR LETTER OF AUGUST 21, 1930, AS FOLLOWS:

THE TREASURY HAS ON ITS ROLLS A NUMBER OF EMPLOYEES WHO, SINCE THE WELCH ACT WENT INTO EFFECT, WERE TRANSFERRED FROM THE WASHINGTON NAVY YARD AS DRAFTSMEN TO SIMILAR POSITIONS IN THE OFFICE OF THE SUPERVISING ARCHITECT. SOME OF THESE EMPLOYEES ARE STILL DESIGNATED AS DRAFTSMEN WHILE OTHERS HAVE BEEN PROMOTED TO POSITIONS OF ASSISTANT MECHANICAL ENGINEER AND ASSISTANT ELECTRICAL ENGINEER, AT SALARIES HIGHER THAN THEY WERE RECEIVING IN THE WASHINGTON NAVY YARD. ALL DRAFTSMEN UNDER THE NAVAL ESTABLISHMENT WERE SPECIFICALLY EXCLUDED FROM THE PURVIEW OF THE SO-CALLED WELCH ACT, WHILE THE BROOKHART SALARY ACT SPECIFICALLY INCLUDES DRAFTSMEN IN THE NAVAL ESTABLISHMENT.

YOUR DECISION IS REQUESTED AS TO WHETHER ANY OF THESE EMPLOYEES, WHETHER THEY ARE STILL HOLDING POSITIONS AS DRAFTSMEN OR HAVE BEEN PROMOTED TO POSITIONS OF ASSISTANT MECHANICAL ENGINEER OR ASSISTANT ELECTRICAL ENGINEER, MAY BE GRANTED PROMOTIONS UNDER THE BROOKHART SALARY ACT.

SECTION 2 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, PROVIDES:

UPON THE PASSAGE OF THIS ACT THE BOARD SHALL FORTHWITH MAKE A SURVEY OF THE CLASSES OF CIVILIAN POSITIONS IN THE VARIOUS FIELD SERVICES, EXCLUSIVE OF THE POSTAL SERVICE, FOREIGN SERVICE, AND EMPLOYEES IN THE MECHANICAL AND DRAFTING GROUPS WHOSE WAGES ARE NOW OR HAVE HERETOFORE BEEN FIXED BY WAGE BOARDS OR SIMILAR AUTHORITY * * *.

AS STATED IN YOUR LETTER, THE DRAFTSMEN IN THE WASHINGTON NAVY YARD WERE SPECIFICALLY EXCLUDED FROM THE PURVIEW OF THE WELCH ACT AND TOOK NO BENEFITS THEREUNDER.

SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, PROVIDES:

* * * THAT THE TERMS OF THIS ACT SHALL APPLY TO EMPLOYEES CARRIED UNDER GROUP 4-8, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), OR THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673).

THE PROVISO QUOTED HAS APPLICATION TO EMPLOYEES OF THE CLASS NAMED WHO WERE IN SAID CLASS ON JULY 3, 1930. AS TO SUCH EMPLOYEES WHO ARE NOW IN DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, HAVING ENTERED SAID SERVICE FROM A SERVICE NOT AFFECTED BY THE WELCH ACT THEIR STATUS UNDER THE BROOKHART ACT IS THE SAME AS THOUGH THEY HAD NOT BEEN IN THE GOVERNMENT SERVICE IN ANY POSITION ON JUNE 30, 1928. SEE DECISION OF AUGUST 21, 1930, A-32994.